HomeMy WebLinkAboutORDINANCE 6027File Number: 2017-0748
RZN 17-6015 (SE OF 4847 W. WEDINGTON DR./LEISURE HOMES 42):
AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 17-
6015 FOR APPROXIMATELY 0.86 ACRES LOCATED SOUTH OF WEDINGTON DRIVE BETWEEN
46TH STREET AND BROYLES AVENUE FROM RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS
PER ACRE TO NC, NEIGHBORHOOD CONSERVATION
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS:
Section 1. That the City Council of the City of Fayetteville, Arkansas hereby changes the zone
classification of the property shown on the map (Exhibit A) and the legal description (Exhibit B) both
attached to the Planning Department's Agenda Memo from RSF-4, Residential Single Family, 4 Units
per Acre to NC, Neighborhood Conservation.
Section 2. That the City Council of the City of Fayetteville, Arkansas hereby amends the official zoning
map of the City of Fayetteville to reflect the zoning change provided in Section 1.
PASSED and APPROVED on 1/2/2018
Appro/"ee
/Llioneld ord ayor
Attest:
Sandra E. Smith, City ClerkTWgq' lq } f
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Page 1 Printed on 113118
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ID, 037928750003 Type
Kind ; ORDINANCE
Recorded: 03/28/2018 at Qg:51;i3 Aft
Fee Amt; $25.00 page i of 3
Washinptan County. AR
Kyle SVlvvesteer Circuit Clerk+�j �}
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File2018-00008222 L L
113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Ordinance: 6027
File Number: 2017-0748
RZN 17-6015 (SE OF 4847 W. WEDINGTON DR./LEISURE HOMES 42):
AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 17-
6015 FOR APPROXIMATELY 0.86 ACRES LOCATED SOUTH OF WEDINGTON DRIVE BETWEEN
46TH STREET AND BROYLES AVENUE FROM RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS
PER ACRE TO NC, NEIGHBORHOOD CONSERVATION
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS:
Section 1. That the City Council of the City of Fayetteville, Arkansas hereby changes the zone
classification of the property shown on the map (Exhibit A) and the legal description (Exhibit B) both
attached to the Planning Department's Agenda Memo from RSF-4, Residential Single Family, 4 Units
per Acre to NC, Neighborhood Conservation.
Section 2. That the City Council of the City of Fayetteville, Arkansas hereby amends the official zoning
map of the City of Fayetteville to reflect the zoning change provided in Section 1.
PASSED and APPROVED on 1/2/2018
Appro/"ee
/Llioneld ord ayor
Attest:
Sandra E. Smith, City ClerkTWgq' lq } f
n•a• •
•
ti
.)
&A" y 0
Page 1 Printed on 113118
RZN 17-6015
Close Up View
R -A
Legend
Planning Area
9
Fayetteville City Limits
Trail (Proposed)
Building Footprint
LEISURE HOMES CORP.
Subject Property
RSF-4
R -O
TUMBLEWEED ST
Feet
0 75 150 300 450 600
1 inch = 200 feet
'J&
NORTH
Residential -Agricultural
RSF-4
Residential -Office
l" J Community Services
iW Neighborhood Conservation
LEGAL DESCRIPTION 1 - PORTION TO BE REZONED NEIGHBORHOOD
CONSERVATION (NC)
A PART OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF
SECTION 12, TOWNSHIP 16 NORTH, RANGE 31 WEST, WASHINGTON COUNTY,
ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS :
BEGINNING AT AN EXISTING REBAR MARKING THE SOUTHWEST CORNER OF
SAID FORTY ACRE TRACT AND RUNNING THENCE NO2021'25"E 410.36 -FEET TO
THE POINT OF BEGINNING; THENCE S87°14'45"E 644.08 -FEET TO THE EAST
PROPERTY LINE OF PARCEL 765-16267-000 AS SHOWN ON THE PLAT FILED IN
BOOK 2013 PAGE 20115 IN THE CICUIT CLERK AND EX -OFFICIO RECORDER OF
WASHINGTON COUNTY, ARKANSAS; THENCE ALONG SAID EAST PROPERTY
LINE S02030'10"W 50.00 -FEET; THENCE N87°14'45"W 520.03 -FEET TO THE EAST
PROPERTY LINE OF PARCEL 765-16267-000 AS SHOWN ON THE PLAT FILED IN
BOOK 2013 PAGE 20115 IN THE CICUIT CLERK AND EX -OFFICIO RECORDER OF
WASHINGTON COUNTY, ARKANSAS; THENCE ALONG SAID EAST PROPERTY
LINE NO2021'25"E 50.53 -FEET TO THE POINT OF BEGINNING; CONTAINING 0.74
ACRES OR 32,209 SQUARE FEET MORE OR LESS.
LEGAL DESCRIPTION 2 - PORTION TO BE REZONED NEIGHBORHOOD
CONSERVATION (NC)
A PART OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF
SECTION 12, TOWNSHIP 16 NORTH, RANGE 31 WEST, WASHINGTON COUNTY,
ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS :
BEGINNING AT AN EXISTING REBAR MARKING THE SOUTHWEST CORNER OF
SAID FORTY ACRE TRACT AND RUNNING THENCE NO2021'25"E 410.36 -FEET;
THENCE S87014'45"E 779.68 -FEET TO A POINT ON THE SOUTH PROPERTY LINE
OF PARCEL 765-16264-000 AS SHOWN ON THE PLAT FILED IN BOOK 2013 PAGE
20115 IN THE CICUIT CLERK AND EX -OFFICIO RECORDER OF WASHINGTON
COUNTY, ARKANSAS; THENCE NO2020'58"E 129.49 -FEET; THENCE S87014'45"E
41.02 -FEET; THENCE S02030'27"W 129.49 -FEET TO A POINT ON SAID SOUTH
PROPERTY LINE; THENCE ALONG SAID SOUTH PROPERTY LINE N87°14'45"W
40.66 -FEET TO THE POINT OF BEGINNING; CONTAINING 0.12 ACRES OR 5,288
SQUARE FEET MORE OR LESS.
Washington County, AR
I certify this instrument was filed on
03/26/2018 08:51:13 AM
and recorded in Real Estate
File Number 20180008222
Kyle Sylvester - it Jerk
by
City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Text File
File Number: 2017-0748
Agenda Date: 1/2/2018 Version: 1 Status: Passed
In Control: City Council Meeting File Type: Ordinance
Agenda Number: D. 7
RZN 17-6015 (SE OF 4847 W. WEDINGTON DR./LEISURE HOMES #2):
AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN
17-6015 FOR APPROXIMATELY 0.86 ACRES LOCATED SOUTH OF WEDINGTON DRIVE
BETWEEN 46TH STREET AND BROYLES AVENUE FROM RSF-4, RESIDENTIAL SINGLE
FAMILY, 4 UNITS PER ACRE TO NC, NEIGHBORHOOD CONSERVATION
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS:
Section 1. That the City Council of the City of Fayetteville, Arkansas hereby changes the zone classification of
the property shown on the map (Exhibit A) and the legal description (Exhibit B) both attached to the Planning
Department's Agenda Memo from RSF-4, Residential Single Family, 4 Units per Acre to NC, Neighborhood
Conservation.
Section 2. That the City Council of the City of Fayetteville, Arkansas hereby amends the official zoning map of
the City of Fayetteville to reflect the zoning change provided in Section 1.
City of Fayetteville, Arkansas Page 1 Printed on 11312018
Garner Stoll
Submitted By
City of Fayetteville Staff Review Form
2017-0748
Legistar File ID
1/2/2018
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
12/15/2017 City Planning/
_ Development Services Department
Submitted Date Division / Department
Action Recommendation:
RZN 17-6015: Rezone (SE OF 4847 W. WEDINGTON DR./LEISURE HOMES REZONE #2, 438): Submitted by CIVIL
DESIGN ENGINEERS, INC. for properties at 4748 W. WEDINGTON DR. The properties are zoned RSF-4,
RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE and contain approximately 0.86 acres. The request is to rezone
the properties to NC, NEIGHBORHOOD CONSERVATION.
Account Number
Project Number
Budgeted Item? NA
Budget Impact:
Current Budget
Funds Obligated
Current Balance
Fund
Project Title
$ — -
Does item have a cost? No Item Cost
Budget Adjustment Attached? NA Budget Adjustment
Remaining Budget $ -
V20140710
Previous Ordinance or Resolution #
Original Contract Number:
Comments_
Approval Date:
I
' CITY COUNCIL AGENDA MEMO
CITY O
FAYETTEVILLE
ARKANSAS
MEETING OF JANUARY 2, 2018
TO: Mayor, Fayetteville City Council
THRU: Garner Stoll, Development Services Director
FROM: Jonathan Curth, Senior Planner
Andrew Garner, City Planning Director
DATE: December 15, 2017
SUBJECT: RZN 17-6015: Rezone (SE OF 4847 W. WEDINGTON DR./LEISURE HOMES
REZONE #2, 438): Submitted by CIVIL DESIGN ENGINEERS, INC. for properties
at 4748 W. WEDINGTON DR. The properties are zoned RSF-4, RESIDENTIAL
SINGLE FAMILY, 4 UNITS PER ACRE and contain approximately 0.86 acres. The
request is to rezone the properties to NC, NEIGHBORHOOD CONSERVATION.
RECOMMENDATION:
The City Planning staff and Planning Commission recommend approval of an ordinance to rezone
the subject property to NC, Neighborh000d Conservation, as shown in the attached Exhibits `A'
and 'B'.
BACKGROUND:
The subject property is south of Wedington Drive, between 46th and Broyles Avenues to the east
and west. The property was annexed in 1982 and has been continuously used as pastureland for
decades. On October 2, 2007, the Woodstock Residential Planned Zoning District (R-PZD 07-
2551) was approved, allowing for 382 dwellings and 100,390 square feet of non-residential square
footage. Construction permits for the project were never obtained and the R-PZD approval
expired. Following expiration, the Woodstock R-PZD was rezoned in July of 2012 to a mixture of
CS, Community Services, R -O, Residential Office, NC, Neighborhood Conservation, and RSF-4,
Residential Single-family, 4 Units per Acre, as part of the revocation process. More recently, two
portions of the subject property were approved for rezoning from RSF-4 to NC and RSF-18 to
facilitate future development. The property is largely flat and remains undeveloped with mature
trees located along the fence lines.
Request: The request is to rezone portions of the subject property, totaling 0.86 acres and
designated RSF-4 to NC. A previous rezoning on this property, which was approved by the City
Council in November of 2017, was meant to mirror the boundaries of an upcoming subdivision
proposal, but it was determined by the applicant that additional areas of property zoned from RSF-
4 to NC are needed.
Land Use Compatibility: Although many of the properties in the area are undeveloped,
agricultural, or large lot residential in nature, staff finds the proposed zoning to be generally
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
compatible with the land use patterns and development trends along the wider Wedington
Corridor. Although this block of land along Wedington Drive has yet to develop similarly to other
properties in the area, the proposed zoning districts are of a suitable intensity and density that
compatibility can be generally assured. Also, the limited area of land proposed for rezoning is
unlikely to sufficiently increase densities enough over the existing zoning to adversely impact
existing land uses. In fact, a greater density on the subject property located between the existing
single-family subdivision to the south and the mixed-use zoning to the north can create a desirable
transition.
Land Use Plan Analysis: The proposed zoning is compatible with the Future Land Use Map
(FLUM) and consistent with both the Residential Neighborhood and City Neighborhood
designations of the subject property. The NC zoning district, with its associated build -to zone
requirement, facilitates walkable streets and development in a traditional town form. With existing
streets, water, and sewer available, a neighborhood developed on this property will be able to
utilize City infrastructure and services without the need for substantial new facilities, and the
greater density of the proposed rezoning will allow more residents to use those facilities.
In addition to its FLUM designation, the subject property falls within the boundaries of the
Wedington Corridor Neighborhood Plan. This plan calls for a redefining of Wedington Drive as a
parkway with complete, compact, and connected neighborhoods. Although the plan does not
provide clear guidance for future development of the subject property, the proposed rezoning will
allow a greater density and therefore potential for compact neighborhoods. Additionally, the
Illustrated Wedington Corridor Master Plan shows this area developed with low- and medium -
density residential housing, which is facilitated by the NC zoning district.
DISCUSSION:
On December 11, 2017, the Planning Commission forwarded the proposal to City Council with a
recommendation for approval by a vote of 7-0-0. No public comment was made.
BUDGET/STAFF IMPACT:
N/A
Attachments:
• Exhibit A
• Exhibit B
• Application
• Planning Commission Staff Report
RZN 17-6015
Close Up View
R -A
Legend
Planning Area
Fayetteville City Limits
Trail (Proposed)
Building Footprint
LEISURE HOMES CORP..
Cs
NC
RSF-4
R -O
TUMBLEWEED ST
Feet
0 75 150 300 450 600
1 inch = 200 feet
,A&
NORTH
Residential -Agricultural
RSF-4
Residential -Office
Community Services
Neighborhood Conservation
LEGAL DESCRIPTION 1 - PORTION TO BE REZONED NEIGHBORHOOD
CONSERVATION (NC)
A PART OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF
SECTION 12, TOWNSHIP 16 NORTH, RANGE 31 WEST, WASHINGTON COUNTY,
ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS :
BEGINNING AT AN EXISTING REBAR MARKING THE SOUTHWEST CORNER OF
SAID FORTY ACRE TRACT AND RUNNING THENCE NO2021'25"E 410.36 -FEET TO
THE POINT OF BEGINNING; THENCE S87°14'45"E 644.08 -FEET TO THE EAST
PROPERTY LINE OF PARCEL 765-16267-000 AS SHOWN ON THE PLAT FILED IN
BOOK 2013 PAGE 20115 IN THE CICUIT CLERK AND EX -OFFICIO RECORDER OF
WASHINGTON COUNTY, ARKANSAS; THENCE ALONG SAID EAST PROPERTY
LINE S02030'10"W 50.00 -FEET; THENCE N87°14'45"W 520.03 -FEET TO THE EAST
PROPERTY LINE OF PARCEL 765-16267-000 AS SHOWN ON THE PLAT FILED IN
BOOK 2013 PAGE 20115 IN THE CICUIT CLERK AND EX -OFFICIO RECORDER OF
WASHINGTON COUNTY, ARKANSAS; THENCE ALONG SAID EAST PROPERTY
LINE NO2021'25"E 50.53 -FEET TO THE POINT OF BEGINNING; CONTAINING 0.74
ACRES OR 32,209 SQUARE FEET MORE OR LESS.
LEGAL DESCRIPTION 2 - PORTION TO BE REZONED NEIGHBORHOOD
CONSERVATION (NC)
A PART OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF
SECTION 12, TOWNSHIP 16 NORTH, RANGE 31 WEST, WASHINGTON COUNTY,
ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS :
BEGINNING AT AN EXISTING REBAR MARKING THE SOUTHWEST CORNER OF
SAID FORTY ACRE TRACT AND RUNNING THENCE NO2°21'25"E 410.36 -FEET;
THENCE S87014'45"E 779.68 -FEET TO A POINT ON THE SOUTH PROPERTY LINE
OF PARCEL 765-16264-000 AS SHOWN ON THE PLAT FILED IN BOOK 2013 PAGE
20115 IN THE CICUIT CLERK AND EX -OFFICIO RECORDER OF WASHINGTON
COUNTY, ARKANSAS; THENCE NO2020'58"E 129.49 -FEET; THENCE S87°14'45"E
41.02 -FEET; THENCE S02°30'27"W 129.49 -FEET TO A POINT ON SAID SOUTH
PROPERTY LINE; THENCE ALONG SAID SOUTH PROPERTY LINE N87°14'45"W
40.66 -FEET TO THE POINT OF BEGINNING; CONTAINING 0.12 ACRES OR 5,288
SQUARE FEET MORE OR LESS.
CITY OF FAYE,TTEVILLE, ARKANSAS
REZO tNG
FOR STAFF USE ONLY
FEE: $325.00
Date Application Submitted:
Sign Fee. ,$5.00
Date Accepted as Complete:
" 8-7=R; -:
Case /Appeal Number:
PP#:
Public Hearing Date:
Zone:
Please fill out this form completely, supplying all necessary information and documentation to support your request.
Your application will not be placed on the Planning Contnussion agenda until this information is furnished.
f1nWication;
Indicate one contact person for this request: Applicant X Representative
Applicant (person making request). Representative (engineer, surveyor, reallor, etc.):
Name: LEISURE HOMES CORP.
TOM EMBACH
Address: 351 E. 4" STREET
MOUNTAIN HOME, AR 72653
Name: CIVIL DESIGN ENGINEERS. INC.
FERDI FOURIE, RE.
Address: 4847 KAYLEE AVE
SPRINGDALE, AR 72762
E-mail: tembach@leisurehomes.us E-mail: ffourie(a.civilde.com
Phone: Phone:
X870, 424-7460 _- ( 479) 381-1066(cell)
Fax: Fax:
Site Address /Location: 4847 W. WEDINGTON DR
Current Zoning District:, N-; RSF-4 ---
Requested Zoning District: NC
Assessor's Parcel Number(s) for subjectproperty: -765-16264-000. 765-16268-001 -
FINANCIAL INTERESTS
The following entities and / or people have financial interest in this project:
LEISURE HOMES CORP.
March 2019
Page I
APPLICANT/REPRESEMANVE: I certify under penalty of perjury that the foregoing statements and answers
herein made all data, information, and evidence herewith submitted are in all respects, to the best of my knowledge
and belief, true and correct. I understand that submittal of incorrect or false information is grounds for invalidation
of application completeness, determination, or approval. I understand that the City might not approve what I am
applying for, or might set conditions on approval.
Name (printed): FERDI FOURIE, P.E. Date: f 22 ` 17
Signature: -�
—
PROPERTY 0WNER(S) /AUTHORIZED AGENT: Uwe certify under penalty of per jury that I am/we are the
owner(s) of the property that is the subject of this application and that Uwe have read this application and consent to
its filing. (If signed by the authorized agent, a letter from each property owner must be provided indicating that
the agent is authorized to act on his1her behalf.)
Property Owners of Record (attach additional info if necessaty):
Name (printed): TCM EMBACH
ZV
SienaErrrc�!1
Date: l tIZ-A
Name (printed):
Sisnature:
Address: LEISURE HOMES CORP.
351 E. 4TH STREET
MOUNTAIN HOME. AR 72653
Phone:
(870 ) 424-7460
Address:
Phone:
Date: ( )
Rezoning Checklist:
Attach the following items to this application.-
(1)
pplication:(1) Payment in full of applicable fees for processing the application:
$325.00 application fee
$5.00 public notification sign fee
(2) A legal description of the property to be rezoned. A survey may be required if the
property description can not accurately be platted or if it is described by referring to
other deeds.
(3) CD containing a copy of the legal description in MS Word and all required
submittal items should be also included on the CD in PDF format.
(4) A copy of the county parcel map from the Washington County Assessor's office or
from the Washington County website (www.co.washin Lon.anus). The subject
property and all adjacent parcels should be identified on this parcel map. The owner's
name, official mailing address, and the parcel number for every adjacent property shall
be shown on this map.
March 2014
Page 2
r4d;PSON'
CITY OF
FAYE1 T9VIIL LE
ARKANSAS
TO:
THRU:
FROM:
MEETING DATE:
PLANNING COMMISSION MEMO
City of Fayetteville Planning Commission
Andrew Garner, City Planning Director
Jonathan Curth, Senior Planner
December 11, 2017 (Updated with Planning Commission Results)
SUBJECT: RZN 17-6015: Rezone (4847 W. WEDINGTON DR./LEISURE HOMES
REZONE #2.438): Submitted by CIVIL DESIGN ENGINEERS, INC. for
property at 4847 W. WEDINGTON DR. The property is zoned RSF-4,
RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE and NC,
NEIGHBORHOOD CONSERVATION, and contains approximately 18.49
acres. The request is to rezone 0.86 acres to NC, NEIGHBORHOOD
CONSERVATION
RECOMMENDATION:
Staff recommends forwarding RZN 17-6015 to the City Council with a recommendation of
approval, based on the findings herein.
BACKGROUND:
The subject property is south of Wedington Drive, between 46th and Broyles Avenues to the east
and west. The property was annexed in 1982 and has been continuously used as pastureland for
decades. On October 2, 2007, the Woodstock Residential Planned Zoning District (R-PZD 07-
2551) was approved, allowing for 382 dwellings and 100,390 square feet of non-residential square
footage. Construction permits for the project were never obtained and the R-PZD approval
expired. Following expiration, the Woodstock R-PZD was rezoned in July of 2012 to a mixture of
CS, Community Services, R -O, Residential Office, NC, Neighborhood Conservation, and RSF-4,
Residential Single-family, 4 Units per Acre, as part of the revocation process. More recently, two
portions of the subject property were approved for rezoning from RSF-4 to NC and RSF-18 to
facilitate future development. The property is largely flat and remains undeveloped with mature
trees located along the fence lines. Surrounding land use and zoning is provided on Table 1.
Table 1
Surrounding Land Use and Zoning
Direction
Land Use
{ Zoning
North
Large Lot Single-family Residential
CS, Community Services;
R -O, Residential Office
South
Single-family Residential
RSF-4, Residential Single-family, 4 Units per Acre
R -O, Residential Office;
East
Large Lot Single-family Residential
RSF-4, Residential Single-family, 4 Units per Acre
R -A. Residential Agriculture
West
Agricultural
R -A, Residential Agriculture
Mailing Address: DeSiember 11, 2017
v, r
113 W. Mountain Street wmfayettevdyeA�696PYItem 6
Fayetteville, AR 72701 17-6015 Leisure Homes RZN #2
Page 1 of 16
Request: The request is to rezone portions of the subject property, totaling 0.86 acres and
designated RSF-4 to NC. A previous rezoning on this property, which was approved by the City
Council in November of 2017, was meant to mirror the boundaries of an upcoming subdivision
proposal, but it was determined by the applicant that additional areas of property zoned from RSF-
4 to NC are needed.
Public Comment: Staff has not received public comment regarding this request.
INFRASTRUCTURE:
Streets: The subject property has access to both 46th and Broyles Avenues. The Master
Street Plan designates 46th Avenue as a Collector Street and Broyles Avenue as
a Minor Arterial. While Broyles is fully improved with curb, gutter, storm drainage,
and sidewalk, 46th is unimproved with open ditches. Any street improvements
required in this area will be determined at the time of development proposal.
Water: Public water is available to the site. An 8 -inch water main runs along the
property's 46th Avenue street frontage and a 12 -inch main runs along the Broyles
Avenue frontage. Both water mains are available for service.
Sewer: Public sewer is currently available to the site. There is a 6 -inch sanitary sewer
main crossing the property and a 6 -inch main along 46th Avenue. Capacity must
be checked against future development to determine adequacy.
Drainage: Any additional improvements or requirements for drainage would be determined
at the time of development. No portion of the subject property lies within the
FEMA designated 100 -year floodplain and no protected streams are present.
Although no portion of the property is designated as Hillside -Hilltop Overlay
District (HHOD), there are some areas of 15% or greater slope. Hydric soils are
present across this site and a wetland delineation must be performed at the time
of development proposal to ensure compliance with state and federal guidelines.
Fire: The Fire Department did not express any concerns with this request.
Police: The Police Department did not express any concerns with this request.
CITY PLAN 2030 FUTURE LAND USE PLAN: City Plan 2030 Future Land Use Plan designates
the subject property for the proposed rezone as Residential Neighborhood Area.
Residential Neighborhood Areas are primarily residential in nature and support a variety of
housing types of appropriate scale and context, including single family, multifamily and row -
houses. Residential Neighborhood encourages highly connected, compact blocks with gridded
street patterns and reduced setbacks. It also encourages traditional neighborhood development
that incorporates low -intensity non-residential uses intended to serve the surrounding neighbor-
hood, such as retail and offices, on corners and along connecting corridors. This designation
recognizes existing conventional subdivision developments which may have large blocks with
conventional setbacks and development patterns that respond to features in the natural envi-
ronment.
Planning Commission
December 11, 2017
G:\ETC\Development Services Review\2017\Development Review\17-6015 RZN Agenda Item 6
4748 W. Wedington Ave. (Leisure Homes Rezone #2) 438\03 Planning Commission\12-11-2017 17-6015 Leisure Homes RZN #2
Page 2 of 16
FINDINGS OF THE STAFF
A determination of the degree to which the proposed zoning is consistent with land use
planning objectives, principles, and policies and with land use and zoning plans.
Finding: Land Use Compatibility. Although many of the properties in the area are
undeveloped, agricultural, or large lot residential in nature, staff finds the
proposed zoning to be generally compatible with the land use patterns and
development trends along the wider Wedington Corridor. Although this
block of land along Wedington Drive has yet to develop similarly to other
properties in the area, the proposed zoning districts are of a suitable
intensity and density that compatibility can be generally assured. Also, the
limited area of land proposed for rezoning is unlikely to sufficiently increase
densities enough over the existing zoning to adversely impact existing land
uses. In fact, a greater density on the subject property located between the
existing single-family subdivision to the south and the mixed-use zoning to
the north can create a desirable transition.
Land Use Plan Analysis: The proposed zoning is compatible with the Future
Land Use Map (FLUM) and consistent with both the Residential
Neighborhood and City Neighborhood designations of the subject property.
The NC zoning district, with its associated build -to zone requirement,
facilitates walkable streets and development in a traditional town form. With
existing streets, water, and sewer available, a neighborhood developed on
this property will be able to utilize City infrastructure and services without
the need for substantial new facilities, and the greater density of the
proposed rezoning will allow more residents to use those facilities.
In addition to its FLUM designation, the subject property falls within the
boundaries of the-Wedington Corridor Neighborhood Plan. This plan calls
for a redefining of Wedington Drive as a parkway with complete, compact,
and connected neighborhoods. Although the plan does not provide clear
guidance for future development of the subject property, the proposed
rezoning will allow a greater density and therefore potential for compact
neighborhoods. Additionally, the Illustrated Wedington Corridor Master Plan
shows this area developed with low- and medium- density residential
housing, which is facilitated by the NC zoning district.
A determination of whether the proposed zoning is justified and/or needed at the time the
rezoning is proposed.
Finding: Following up on the rezoning approved by the City Council on this property
in November of 2017, it became apparent to the applicant that additional
areas of NC zoning are needed to create a more consistent development
pattern on the property. The proposed NC zoning district will encourage
appropriate residential development on a parcel with direct access to major
connecting corridors and infrastructure.
G:\ETC\Development Services Review\2017\Development Review\17-6015 RZN
4748'W. Wedington Ave. (Leisure Homes Rezone #2) 438\03 Planning Commission\12-11-2017
Planning Commission
December 11, 2017
Agenda Item 6
17-6015 Leisure Homes RZN #2
Page 3 of 16
A determination as to whether the proposed zoning would create or appreciably increase
traffic danger and congestion.
Finding: This proposal is not expected to increase traffic danger or congestion to a
significant degree over the existing zoning. Future development will be
subject to City street design and access management standards. With the
subject property's proximity to both a Collector Street (461' Avenue) and
Minor Arterial (Broyles Avenue), both of which tie in to the nearby Wedington
Drive, a Principal Arterial, staff finds that traffic will be absorbed by existing
street capacity without creating a hazardous condition.
4. A determination as to whether the proposed zoning would alter the population density and
thereby undesirably increase the load on public services including schools, water, and
sewer facilities.
Finding: Staff does not expect the proposed rezoning to cause an undesirable
increase in the load on public services compared with the existing RSF-4
zoning district. The total land area proposed for rezoning, 0.86 acres, will not
appreciably increase the overall potential density of the property beyond its
current limits. At the same time, the property is currently undeveloped, and
any development under the current zoning or the proposed zoning will result
in an increase in the load on public services. In particular, Engineering staff
have noted that the existing sanitary sewer mains will need to be reviewed
for capacity prior to any development. Notwithstanding these comments, the
subject property has access to existing infrastructure, and is in an area
where staff does not feel development will have adverse impacts on public
services or facilities. Additionally, neither the Police nor Fire Departments
have expressed objections to the proposal.
5. If there are reasons why the proposed zoning should not be approved in view of
considerations under b (1) through (4) above, a determination as to whether the proposed
zoning is justified and/or necessitated by peculiar circumstances such as:
a. It would be impractical to use the land for any of the uses permitted
under its existing zoning classifications;
b. There are extenuating circumstances which justify the rezoning even
though there are reasons under b (1) through (4) above why the
proposed zoning is not desirable.
Finding: N/A
RECOMMENDATION: Staff recommends forwarding RZN 17-6015 to the City Council with a
recommendation of approval, based on the findings discussed throughout this report.
RECOMMENDED MOTION: "I move to forward RZN 17-6015 to the City Council with a
recommendation of approval."
Planning Commission
December 11. 2017
G:\ETC\Development Services Review\2017\Development Review\17-6015 RZN Agenda Item 6
4748 W. Wedington Ave. (Leisure Homes Rezone #2) 438\03 Planning Commission\12-11-2017 17-6015 Leisure Homes RZN #2
Page 4 of 16
PLANNING COMMISSION ACTION: Required YES
jDate: December 11, 2017 O Tabled M Forwarded O Denied
Motion: Niederman
Second: Brown
V ote: 7-0-0
CITY COUNCIL ACTION: Required YES
(Date: January 2, 2018 (plannedl O Approved O Denied
BUDGET/STAFF IMPACT:
None
Attachments:
• Unified Development Code:
o §161.07, RSF-4, Residential Single-family, 4 Units per Acre
o §161.29, NC, Neighborhood Conservation
• Request letter
• Zoning Exhibit
• Wedington Corridor Neighborhood Plan
• One Mile Map
• Close -Up Map
• Current Land Use Map
• Future Land Use Map
Planning Commission
December 11, 2017
G:\ETC\Development Services Review\2017\Development Review\17-6015 RZN Agenda Item 6
4748 W Wedington Ave. (Leisure Homes Rezone #2) 438\03 Planning Commission\12-11-2017 17-6015 Leisure Homes RZN #2
Page 5 of 16
161.07 - District RSF-4, Residential Single -Family - Four (4) Units Per Acre
(A) Purpose. The RSF-4 Residential District is designed to permit and encourage the development of low density
detached dwellings in suitable environments, as well as to protect existing development of these types.
(B) Uses.
(1) Permitted Uses.
Unit 1 City-wide uses by right
Unit 8 Single-family dwellings
Unit 41 Accessory dwellings
(2) Conditional Uses.
Unit 2 City-wide uses by conditional use permit
Unit 3 Public protection and utility facilities
Unit 4
Cultural and recreational facilities
Unit 5
Government facilities
Unit 9 '1
Two-family dwellings
Unit 12a
Limited business
Unit 24
Home occupations
Unit 36
Wireless communications facilities
Unit 44
Cluster Housing Development
(C) Density.
Single-family Two (2) family
dwellings dwellings
Units per acre 4 or less 7 or less
(D) Bulk and Area Regulations.
Lot minimum
width
Lot area
minimum
Land area per
dwelling unit
Hillside Overlay
District Lot
minimum width
Hillside Overlay
District Lot
area minimum
Single-family Two (2) family
dwellings
dwellings
70 feet
80 feet
8,000 square
12,000 square
feet
feet
8,000 square
6,000 square
feet
feet
60 feet 70 feet
81000 square 12,000 square
feet feet
Planning Commission
December 11, 2017
G:\ETC\Development Services Review\2017\Development Review\17-6015 RZN Agenda Item 6
4748 W. Wedington Ave. (Leisure Homes Rezone #2) 438\03 Planning Commission\12-11-2017 17-6015 Leisure Homes RZN #2
Page 6 of 16
Land area per 8,000 square 6,000 square
dwelling unit feet feet
(E) Setback Requirements.
Front Side Rear
15 feet 5 feet ~r 15 feet
(F) Building Height Regulations.
Building Height Maximum P 45 feet
Height Regulations. Structures in this District are limited to a building height of 45 feet. Existing structures that
exceed 45 feet in height shall be grandfathered in, and not considered nonconforming uses.
(G) Building Area. On any lot the area occupied by all buildings shall not exceed 40% of the total area of such lot.
Planning Commission
December 11, 2017
G:\ETC\Development Services Review\2017\Development Review\17-6015 RZN Agenda Item 6
4748 W. Wedington Ave. (Leisure Homes Rezone #2) 438\03 Planning Commission\12-11-2017 17-6015 Leisure Homes RZN #2
Page 7 of 16
161.29 - Neighborhood Conservation
(A) Purpose. The Neighborhood Conservation zone has the least activity and a lower density than the other zones.
Although Neighborhood Conservation is the most purely residential zone, it can have some mix of uses, such as
civic buildings. Neighborhood Conservation serves to promote and protect neighborhood character. For the
purposes of Chapter 96: Noise Control, the Neighborhood Conservation district is a residential zone.
(B) Uses.
(1) Permitted Uses.
Unit 1� City-wide uses by right
Unit 8 Single-family dwellings
Unit 41 T Accessory dwellings
(2) Conditional Uses.
Unit 2 City-wide uses by conditional use permit
Unit 3 Public protection and utility facilities
Unit 4
! Cultural and recreational facilities
Unit 9
Two (2) family dwellings
Unit 10
Three (3) and four (4) family dwellings 4�
v
Unit 12a
Limited business*
Unit 24
Home occupations
Unit 25
Offices, studios, and related services
Unit 28
Center for collecting recyclable materials
Unit 36
Wireless communication facilities
Unit 44
Cluster Housing Development
(C) Density. Ten (10) Units Per Acre.
(D) Bulk and Area Regulations.
(1) Lot Width Minimum.
Single Family
40 feet
Two Family
80 feet
Three Family
90 feet
(2) Lot Area Minimum. 4,000 square feet
(E) Setback Regulations.
Front A build -to zone that is located
between the front property line and a
Planning Commission
December 11, 2017
G:\ETC\Development Services Review\2017\Development Review\17-6015 RZN Agenda Item 6
4748 W. Wedington Ave. (Leisure Homes Rezone #2) 438\03 Planning Commission\12-11-2017 17-6015 Leisure Homes RZN #2
Page 8 of 16
Side
Rear
Rear, from
center line of
an alley
fine 25 feet from the front property {
line. !j
5 feet
5 feet
12 feet
(F) Building Height Regulations.
Building Height Maximum
45 feet
G:\ETC\Development Services Review\2017\Development Review\17-6015 RZN
4748 W. Wedington Ave. (Leisure Homes Rezone #2) 438\03 Planning Commission\12-11-2017
Planning Commission
December 11, 2017
Agenda Item 6
17-6015 Leisure Homes RZN #2
Page 9 of 16
CDE CIVIL DESIGN ENGINEERS.INC.
4847 Kaylee Avenue, Suite A, Springclale, AR 72762
November 22, 2017
City of Fayetteville
Planning Division
Andrew Garner
Planning Director
125 W. Mountain Street
Fayetteville, AR 72701
RZN 17-6015
Request
Letter
Re: Second Rezone Request
The Wedington Landing Subdivision
Fayetteville, AR
CDE Project No. 1109
Dear Mr. Garner:
Phone: (479) 381-1066
Ferdinand Fourie, P.E.
Project Manager
4847 Kaylee Avenue -Suite A
Springdale, Arkansas 72762
479.381.1066Telepho ne
479.872.7118 Facsimile
Please find enclosed submittal items and application for the second proposed rezoning of the
property between N. Broyles Street and N. 46t1 Avenue, as required by the City's Planning
Commission.
The majority of the property is currently zoned Neighborhood Conservation (NC) and we are
requesting to have this zoning designation extended by 0.74 acres to include a portion of parcel 765-
16268-001 and 0.12 acres of parcel 765-16264-000
This will allow us to accommodate the proposed residential single-family development per the
revised layout for the area. This is in compliance with the Planning Commission's request at their
November 21St meeting.
Please let me know if you have any questions.
Sincerel�y,r�y,
F
Ferdi Fourie, P.E.
Project Manager
FF:kl
Planning Commission
December 11, 2017
Agenda Item 6
17-6015 Leisure Homes RZN #2
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efanning Commission
December 11, 2017
Agenda Item 6
17-601 I-Asure Homes RZN #2
I I I t P I p p I I j I j 4t Page 12 of 16
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Agenda Item 6
17-6015 Leisure Homes RZN #2
Page 13 of 16
Agenda Item 6
17-6015 Leisure Homes RZN #2
Page 14 of 16
RZN17-6015 LEISURE HOMES CORP. A&
Current Land Use NORTH
INEC?INGTO N DR. ............
Single Fami�ly�'�
>.
1
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4
Q _ Subject Property
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Streets Existing
MSP Class
COLLECTOR
MINOR ARTERIAL
— PRINCIPAL ARTERIAL
1 ®E s E Trail (Proposed)
Planning Area
— _a Fayetteville City Limits
�4 wryl yT
HOMESPUN DR
Feet
0 112.5 225 450 675 900
1 inch = 300 feet
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FEMA Flood Hazard Data
Fluorlway
Planning Con mission
December 1, 2017
Agenda Item 6
17-6015 Leisure Homes RZN #2
Page 15 of 16
Agenda Item 6
17-6015 Leisure Homes RZN #2
Page 16 of 16
AFFIDAVIT OF PUBLICATION
I Cathy Wiles, do solemnly swear that I am the Legal Clerk of the
Northwest Arkansas Democrat -Gazette, printed and published in
Washington County and Benton County, Arkansas, and of bona fide
circulation, that from my own personal knowledge and reference
to the files of said publication, the advertisement of:
CITY OF FAYETTEVILLE
Ord. 6027
Was inserted in the Regular Edition on:
January 11, 2018
Publication Charges: $ 72.80
O,r,ql, b
Cathy Wiles
Subscribed and sworn to before me
This day of , 2018.
g��
®dA m6Wezc.ano:y �/
tary Public
My Commission Expires:
2,11 V,� e
'J
,311
D
�/.�,. ,:1,;• �lf� 1 is
c I ®p
**NOTE**
Please do not pay from Affidavit.
Invoice will be sent.
RECEIVED
FEB 1 2018
Ordinance: 6027
i �� �FL�17-0748
CITY OF �j �,aaE OF 4847 W.
CITY C GTON DR./LEISURE HOMES
#2):
AN ORDINANCE TO REZONE THAT
PROPERTY DESCRIBED IN REZONING
PETITION RZN 17-6015 FOR
APPROXIMATELY 0.86 ACRES
LOCATED SOUTH OF WEDINGTON
DRIVE BETWEEN 46TH STREET AND
BROYLES AVENUE FROM RSF4,
RESIDENTIAL SINGLE FAMILY, 4
UNITS PER ACRE TO NC,
NEIGHBORHOOD CONSERVATION
BE IT ORDAINED BY THE CITY
COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1. That the City Council of the City
of Fayetteville, Arkansas hereby changes
the zone classification of the property
shown on the map (Exhibit A) and the legal
description (Exhibit B) both attached to the
Planning Department's Agenda Memo from
RSF-4, Residential Single Family, 4 Units
per Acre to NC, Neighborhood
Conservation.
Section 2. That the City Council of the City
of Fayetteville, Arkansas hereby amends
the official zoning map of the City of
Fayetteville to reflect the zoning change
provided in Section 1.
PASSED and APPROVED on 1/2/2018
Approved:
Lioneld Jordan, Mayor
Attest:
Sondra E. Smith, City Clerk Treasurer
74393700 Jan. 11, 2018
